--- title: Preventing Pregnancy & Maternity Discrimination during a Redundancy process description: During a redundancy process, employers need to avoid any criteria which are discriminatory, such as pregnancy and maternity discrimination. image: https://blog.lilyshippen.com/hubfs/Rob%20Maddocks%20Approved%20(002)-1.jpg --- - [VACANCIES](https://lilyshippen.co.uk/our-roles) [0161 711 0767](tel:0161%20711%200767) [020 3011 5283](tel:0161%20711%200767) [![Lily_Primary_cream](https://blog.lilyshippen.com/hs-fs/hubfs/Lily_Primary_cream.png?width=8000&height=1702&name=Lily_Primary_cream.png) ![Lily_Primary_cream](https://blog.lilyshippen.com/hs-fs/hubfs/Lily_Primary_cream.png?width=4500&height=957&name=Lily_Primary_cream.png)](https://www.lilyshippen.co.uk) - [Home](https://lilyshippen.co.uk) - Looking For a Job - [Private PAs](https://lilyshippen.co.uk/private-pa-jobs) - [Business Support](https://lilyshippen.co.uk/looking-for-a-business-support-job-manchester-london) - [Human Resources](https://lilyshippen.co.uk/looking-for-a-human-resources-job) - 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He has contributed to industry journals and national press with articles on employment law issues. He acts for a wide range of clients ranging from OMB’s to large national and international companies, however he has a particular focus on owner managed SME’s.* *Robert regularly advises on complex internal HR and employment law issues as well as business re-organisations, restructures and TUPE transactions. He is particularly experienced at representing clients in the Employment Tribunal and regularly appears as an advocate.*   During a redundancy process, an employer selects employees for redundancy based on selection criteria. However, employers need to avoid any criteria which are discriminatory.  We will consider below some criteria that are frequently used by employers during redundancy processes and how to apply them in a manner that avoids inadvertently discriminating against employees who are pregnant or on maternity leave. Attendance records Any absences related to pregnancy-related illness or maternity leave should be discounted when scoring employees.  If these absences are included, the application of this criterion will be discriminatory.  Performance and ability If a pregnant employee’s performance has declined due to pregnancy-related illness, any appraisals that document her performance during this time, or performance issues that arise or can be attributed to the pregnancy, should be discounted.  This is particularly relevant if her performance before her pregnancy was otherwise of a satisfactory standard.  Suitable alternative vacancies As part of the redundancy process, an employer must consider suitable alternative vacancies before dismissing an employee.  When making an employee on maternity leave redundant, and where an alternative role is available, employers should offer suitable alternative employment to that employee over any other employee who may have been selected for redundancy. This means that employees on maternity leave have priority over other employees who are also at risk of redundancy, which is a rare example of lawful positive discrimination in practice. Under a proposed Bill, the government is looking to extend this protection (although we don’t know when yet) to cover employees as soon as they notify employers of their pregnancy until six months after the end of maternity leave.  This area of law may change during the year, and we await to see if the proposals are enacted. [Connect with Robert here.](https://www.linkedin.com/in/robert-maddocks/) - [Tweet](https://twitter.com/share) #### Related Posts ### [Spotlight On: Private PAs in Cheshire – Why Demand for Discreet and High-Calibre Support is on the Rise **Spotlight On: Private PAs in Cheshire – Why Demand for Discreet and High-Calibre Support is on the...**](https://blog.lilyshippen.com/blog/spotlight-on-private-pas-in-cheshire) ### [Preventing and Acting on Sex Discrimination in the Workplace *Robert qualified as Solicitor in 2008 and joined Bermans in July 2019, becoming a Partner in the...*](https://blog.lilyshippen.com/blog/preventing-and-acting-on-sex-discrimination-in-the-workplace) ### [How To Become a Private PA in 2025 Our original blog, *How To Become a Private PA*, published in 2020, remains one of the most-read...](https://blog.lilyshippen.com/blog/how-to-become-a-private-pa-2025) ##### Quick Links Quick Links - [Home](https://lilyshippen.co.uk) - [About Us](https://lilyshippen.co.uk/about-us) - [Resources](https://lilyshippen.co.uk/resources) - [Contact Us](https://lilyshippen.co.uk/contact-us) - [Blog](https://blog.lilyshippen.com/blog) ##### Looking for a job Looking for a job - [Vacancies](https://lilyshippen.co.uk/our-roles) - HR Jobs London - HR Jobs Manchester - [Personal Assistant Jobs](https://lilyshippen.co.uk/personal-assistant-jobs) - [Executive Assistant Jobs](https://lilyshippen.co.uk/executive-assistant-jobs) - [Secretarial Jobs](https://lilyshippen.co.uk/secretarial-jobs) - [Chief of Staff Jobs](https://lilyshippen.co.uk/chief-of-staff-jobs) - [Office Manager Jobs](https://lilyshippen.co.uk/office-manager-jobs) - [Receptionist Jobs](https://lilyshippen.co.uk/receptionist-jobs) ##### Looking to hire Looking to hire - [SUBMIT ENQUIRY](https://lilyshippen.co.uk/contact-us-looking-to-recruit) - [Hire a Personal Assistant](https://lilyshippen.co.uk/looking-to-hire-personal-assistant) - [Hire an Executive Assistant](https://lilyshippen.co.uk/looking-to-hire-executive-assistant) - [Hire for HR](https://lilyshippen.co.uk/looking-to-hire-human-resources-staff) - [Hire a Receptionist](https://lilyshippen.co.uk/looking-to-hire-receptionist) - [Hire a Private PA](https://lilyshippen.co.uk/looking-to-hire-private-pa) - [Hire Secretarial Staff](https://lilyshippen.co.uk/looking-to-recruit/secretarial-recruitment-agencies-manchester) - [Hire an Office Manager](https://lilyshippen.co.uk/looking-to-hire-office-manager) - [Hire a Chief of Staff](https://lilyshippen.co.uk/looking-to-hire-chief-of-staff) ##### Locations Locations - London - Manchester - Remote - Cheshire - Leeds - Birmingham [![LS_Primary_cream](https://blog.lilyshippen.com/hubfs/LS_Primary_cream.png)](https://www.lilyshippen.co.uk) - [Legal Stuff](https://lilyshippen.co.uk/legal-stuff) - [Privacy Policy](https://lilyshippen.co.uk/privacy-policy/) Copyright © 2023 Lily Shippen Ltd ![Feefo_2022-1](https://blog.lilyshippen.com/hs-fs/hubfs/Feefo_2022-1.png?width=1243&height=1245&name=Feefo_2022-1.png) ![ptrustedserviceawardwhiteout](https://blog.lilyshippen.com/hs-fs/hubfs/ptrustedserviceawardwhiteout.png?width=1920&height=1920&name=ptrustedserviceawardwhiteout.png) ![Gold Trusted Service Award 2025 - Whiteout - 1x1](https://blog.lilyshippen.com/hs-fs/hubfs/Gold%20Trusted%20Service%20Award%202025%20-%20Whiteout%20-%201x1.png?width=1920&height=1920&name=Gold%20Trusted%20Service%20Award%202025%20-%20Whiteout%20-%201x1.png) ![EIDA Membership Logo White on Coral .jpg.png](https://blog.lilyshippen.com/hs-fs/hubfs/EIDA%20Membership%20Logo%20White%20on%20Coral%20.jpg.png.jpg?width=2000&name=EIDA%20Membership%20Logo%20White%20on%20Coral%20.jpg.png.jpg) ![dc_badge1](https://blog.lilyshippen.com/hs-fs/hubfs/dc_badge1.png?width=500&height=241&name=dc_badge1.png) ![Employee Wellness Awards Logo 2024 pdf](https://blog.lilyshippen.com/hs-fs/hubfs/Employee%20Wellness%20Awards%20Logo%202024%20pdf.jpg?width=2000&name=Employee%20Wellness%20Awards%20Logo%202024%20pdf.jpg)